Triple S Planning and Zoning Commission

TRIPLE S PLANNING AND ZONING COMMISSION

SEPTEMBER 16, 2003

MINUTES

Members Present: Chairman George Best, Gil Tucker, Ed Rudolph, Billie Smith, Jake Smith, Frank Hargadon, Eddie Kingsolver and Joanne Bemiss, Administrator.

Advisors Present: Vic Brizendine, Attorney Plomer Wilson, Shelby County Road Supervisor

Chairman Best called the September 16, 2003 meeting of the Triple S Planning and Zoning Commission to order at 6:30 p.m.

Best: You were given a copy of the minutes of the August 19, 2003 meeting and you have had a chance to review them. Are there any additions or corrections to the minutes? Is there any discussion on the minutes?

Lane Butler-Jacob: I know the minutes are not verbatim, but I would like it made absolutely clear in the Weissinger Estates hearing what I said. I want it to be perfectly clear that we have never been approach about selling our tract A back to the developer. I would like the minutes to reflect that.

Best: We will get that corrected and vote on the minutes Wednesday night. Is there a motion to hold the minutes over to Wednesday?

Mr. Tucker made the motion to act on the minutes of August 19, 2003 on Wednesday night, September 17, 2003.

Mr. Smith seconded the motion.

Best: Is there any discussion on the motion?

ALL IN FAVOR – SO CARRIED Triple S Planning Commission September 17, 2003

Financial Statement

Best: You were given a copy of the Financial Statement for July. Is there any discussion on the Financial Statement? If there is no discussion, a motion is in order for the Financial Statement for July.

Mr. Tucker made the motion to approve the July Financial Statement.

Mr. Kingsolver seconded the motion.

ALL IN FAVOR – SO CARRIED

Karem 4, LLC Zone Change R-2 & R-4 to C-4 Highway Commercial Vector Development Docket #Z-287-03

Mark Patterson, Vector Development representing the owner: This property is located at 100 Church View Street. It is 3.21 acres with an existing building on it. We are requesting a zone change from R-2 and R-4 to C-4. The plans are for office/commercial and possibly apartments. We feel the existing zoning is inappropriate as commercial is all around the property. There is R-4 to the rear. 2.15 acres is zoned R-2 and that does not match the area which is commercial. A 44,000 sq. ft. building in the R-2 zone is not compatible. This did not warrant a traffic study. It was a nursing home previously and the traffic engineer predicted only about 12 new trips a day, so it does not warrant a traffic study.

Tucker: Will the existing building stay?

Jerry Karem: We hope so. I don’t really know what will be there. There has been much interest in the building. There could be professional offices, day care, a college has inquired as well as a Doctors emergency clinic. There has been interest for an assisted living facility. The front part is offices now and we would maybe leave offices there. It is our intent to leave the building as is and possibly put apartments in the rear of the building. There is commercial all around and some residential, but we would like to be Triple S Planning Commission September 16, 2003

Karem cont’d: flexible. I don’t think there will be any retail businesses there. This really is not suited for retail.

Rudolph: Don’t you think a zone change is premature not knowing what is going there?

Karem: Absolutely not. That makes for more flexibility. It could possibly be a Beehive type facility. There are many possible uses.

Best: Anyone on the Board have any question? Anyone in the audience wish to comment?

Katie Sjothun: How many apartments will there be and will it affect the traffic impact study?

Karem: There will be maybe 20 to 25 residences. There were over a hundred beds in the nursing home and there should not be much impact on the traffic. We really don’t want to do apartments.

Best: Anyone else have any questions? Anyone on the Board have any comments? If there is no further discussion, a motion is in order for the Karem 4, LLC zone change from R-2 & R-4 to C-4.

Mr. Tucker made the motion to approve the Karem 4, LLC zone change from R-2 & R-4 to C-4.

Mr. Hargadon seconded the motion.

Rudolph: The Comprehensive Plan calls for C-3. I think this is too wide open.

Mr. Kingsolver – opposed

Mr. Rudolph – opposed

Mrs. Smith – in favor

Mr. Smith – in favor

Best: The Karem 4, LLC zone change will be recommended to Shelbyville City Council. Triple S Planning Commission September 16, 2003

Deerfield Company Zone Change Agri to R-4 (Single Family Only) Vector Dev. Docket #Z-288-03

Gregg Neal representing owners along with Vector Development Group and Steve George, the developer: This property is located on St. Regis Drive off Mt. Eden Road. We are requesting a zone change from Agricultural to R-4 Single Family Only. You are familiar with the criteria for a map amendment. The Comprehensive Plan shows low density residential. On page 13 low density is defined as 5 units per gross acre. This is within the recommended growth area and much has changed in that area with the Cracker Barrel, the Bank and the Waffle House and the other commercial uses. Osprey Cove is zoned R-4, section one has 4 units per gross acre, section two has 8 per gross acre and section three has 9 per gross acre with 4-plexes. These lot sizes are larger than in R-2. A Traffic Impact Study was done. There is a traffic signal at the entrance and the study stated the level remains at B. This development would not adversely affect the traffic level. These home will be exclusively single-family homes.

Patterson: Water and sewer is available and the drainage is not a problem.

Neal: We will answer any questions you might have.

Bemiss: You are asking for Agricultural to R-4 Single Family Only, will that be a binding element?

Neal: Yes, it will be.

Kingsolver: Will this be done in phases?

Steve George: Yes, probably in four phases.

Tucker: Will all of the development access St. Regis? Could it be connected to the school road?

Neal: Possibly someday, but not soon.

Best: Anyone else on the Board have any questions?

Bemiss: This is a huge piece of property; I would like to see the entire project on a master plan.

Tucker: There were some tracts done previously, is that a part of this? Triple S Planning Commission September 16, 2003

Bemiss: That was commercial.

Best: Any other questions from the Board? Anyone in the audience wish to comment?

Allison Gregory: How many homes will there be from I-64 to 60? Traffic is a real problem out there. How will the traffic be addressed? There is a lot of traffic going north and south.

Neal: Based on the 2008 comparisons and future conditions, the capacity is there and the road will not change.

Best: Any other comments?

Best: Anyone else wish to comment?

Dr. Leon Mooneyhan, School Superintendent gave information in general concerning the school capacity. The School Board wants to work with the Commission on new developments. Submitted information was included in the revised Goals and Objectives of the Comprehensive Plan. Impact fees for developments was mentioned.

Hargadon: (Inaudible)

Best: Any other comments?

Birdie Hall: Could we possibly get a left turn signal into St. Regis?

Diane Zimmerman: There is a certain density that has to be met before a turn signal is warranted. There has to be so many going into a subdivision to warrant a light.

Best: Any other comments? Anyone on the Board have any comments? If there is no further discussion, a motion is in order for Deerfield Property Zone Change from Agricultural to R-4 Single Family Only.

Mr. Tucker made the motion to approve the zone change from Agricultural to R-4 for the Deerfield Property.

Mr. Hargadon seconded the motion.

Best: Any discussion on the motion?

Mr. Kingsolver – in favor Triple S Planning Commission September 16, 2003

Mr. Rudolph – opposed

Mrs. Smith – in favor

Mr. Smith – in favor

Best: The Deerfield Property zone change will be recommended to Shelbyville City Council.

Meadowbrook Amended Traffic Impact Study Gregg Neal Docket #284-03

Mr. Kingsolver stepped down from this hearing.

Gregg Neal, representing Meadowbrook Inc.: This was recommended for a zone change in May by this Commission. It was sent to Fiscal Court and they brought up traffic issues. They wanted another Traffic Impact Study done and amend the findings of facts. This amended findings should be sent to Fiscal Court. The study was don at peak hours and Rocket Lane was considered in this study. On page 5 of the amended Traffic Impact Study it is shows there will be no significant impact on traffic. On the findings the concerns of Fiscal Court should be addressed. This should be done by a motion to reflect concerns of Fiscal Court.

Bemiss: What kind of time frame are you looking at?

Neal: As soon a possible.

Best: Anyone on the Board have any questions? Anyone in the audience wish to comment?

Katie Sjothun: Was the traffic study done during school?

Zimmerman: Yes, it was.

Best: Anyone on the Board have any comments? If there is no further discussion, a motion is in order for the amending Findings of Fact for Meadowbrook III Triple S Planning Commission September 16, 2003

Mr. Hargadon made the motion to approve the amended Findings of Fact for Meadowbrook III.

M.J. Farms, Inc. Zone Change from Agricultural to RE Larry Tingle Docket #Z-290-03

Larry Tingle representing the owner: This property is on McCormack Road within the growth area of Waddy. RE zoning is allowed around the small villages. This property consists of 5.94 acres and we are dividing it into two tracts of 3.34 acres and 2.25 acres. This division does agree with the Comprehensive Plan. I’ll answer any questions. A Traffic Impact Study was not needed.

Best: Anyone on the Board have any questions? Anyone in the audience wish to comment? Anyone on the Board have any comments? If there is no further discussion, a motion is in order for M.J. Farms, Inc. zone change from Agricultural to RE.

Mr. Hargadon made the motion to approve the zone change from Agricultural to RE for the M.J. Farms.

Mr. Kingsolver seconded the motion.

ALL IN FAVOR – SO CARRIED Triple S Planning Commission September 16, 2003

Creekside Village Phase II Final Larry Tingle Docket #S-833-03

Larry Tingle, representing the owners: This is located on Stream View Drive off Summit Drive. This is the last phase on 9.97 acres. There will be 37 lots, the same as the preliminary. We have all the appropriate signatures. The bond is on file.

Bemiss: The bond is for $336,896.00 and it is on file.

Best: Anyone on the Board have any questions? Anyone in the audience wish to comment? Anyone on the Board have any comments? If there is no discussion, a motion is in order for Creekside Village Phase II.

Mr. Rudolph made the motion to approve the final for Creekside Village Phase II.

Mrs. Smith seconded the motion.

Dutch Meadows Pre-Preliminary Larry Tingle

Larry Tingle, representing Sherry Holland, owner: This property is on Buzzard Roost Road. This will be a 5-acre development with 28 lots on 160 plus acres. The proposed road will go through the property to Bob Jeff Road. There are some issues with the water line that we need to resolve.

Wilson: There are some pretty steep slopes there. What percentage of grade is there?

Tingle: About 12% and that is one issue we are working on. Triple S Planning Commission September 16, 2003

Estates of Osprey Cove Phase IV Final Larry Tingle Docket #S-835-03

Larry Tingle, representing the owner: This is the fourth phase of Osprey Cove and the third phase of single family. This is on 9.25 acres with 29 lots. We are asking for a waiver on the 4 to 1 ratio on lots 71 thru 76. There is a drainage easement across those lots and it just made sense to make the lots longer toward I-64. The lift station is on a separate lot. We have all the appropriate signatures and I’ll answer any questions.

Bemiss: The bond is on file in the amount of $295,922.00.

Best: Anyone on the Board have any questions?

Tucker: What is the .02 acre tract?

Tingle: It is an easement.

Bemiss: Tract 70-A was cut off by the lift station and it was attached to lot 70.

Best: Any other questions from the Board? Anyone in the audience wish to comment? Anyone on the Board have any comments? If there is no discussion, a motion is in order for Estates of Osprey Cove Phase IV final.

Mr. Tucker made the motion to approve the final for Estates of Osprey Cove Phase IV.

Mr. Rudolph seconded the motion.

Gerald Karem IRREVOCABLE Trust Phase II Final Commercial PUD Vector Docket #S-PUD-03

Mark Patterson, representing the owner: This property is on Mack Walters Road. It is a parcel of 1.937 acres and is zoned C-2. This is for two office buildings. We are Triple S Planning Commission September 16, 2003

Patterson cont’d: requesting two waivers. We would like to reduce the parking spaces from 10 feet wide to 9 feet and reduce the parking spaces from 90 to 73. There is additional parking available in Village Plaza lot.

Bemiss: The bond in the amount of $24,995.00 is on file.

Rudolph: The lighting plan complies with our regulations.

Best: Anyone on the Board have any questions?

Tucker: What about handicap parking?

Patterson: There will be 4 handicap parking spaces in this phase.

Best: Anyone else on the Board have any questions? Anyone in the audience wish to comment? Anyone on the Board have any comments? If there is no further discussion, a motion is in order for Gerald Karem Irrevocable Trust Phase II.

Mr. Rudolph made the motion to approve the final commercial PUD for Gerald Karem Irrevocable Trust Phase II with the waivers on parking.

Mrs. Smith seconded the motion.

Meyer Property Final Commercial PUD Vector Devel. Docket #S-PUD-838-03

Mark Patterson, representing the owner: This property is adjacent to Wal-Mart on 1.054 acres. This is for a proposed KFC restaurant. The access will be from Wal-Mart parking lot. Dale Road will not be built at this time, before it is built a bond will be required. I’ll answer any questions.

Rudolph: The lighting plan complies with regulations.

Bemiss: The bond for $39,402.00 is on file. Triple S Planning Commission September 16, 2003

Best: Anyone on the Board have any questions? Anyone in the audience wish to comment? Anyone on the Board have any questions? If there is no discussion, a motion for the final commercial PUD for Meyer Property is in order.

Mr. Tucker made the motion to approve the final commercial PUD for Meyer Property.

ALL IN FAVOR – CO CARRIED

Bond Releases

Best: You were given the bond releases and you have had a chance to review them.

Aikenshire Subdivision Original Bond $113,243.60 Previous Releases 112,656.24 Final Release 587.36 plus interest

Todd Station Subdivision Section 2 Original Bond $633,405.00 This release 540,445.00 (Sewers & Road) Retain $ 92,960.00 Triple S Planning Commission

North Country Section 4 Original Bond $380,165.40 This release 306,837.00 (Sewer & Road) Retain $ 73,328.40

Brassfield Section 3 Original Bond $121.500.75 This Release 86,333.10 Retain $ 35,167.65

Park Place Section 2 Original Bond $242,861.00 This Release 49,621.00 Retain $193,240.00

Magnolia Place Section II Original Bond $345,517.00 Previous Release 137,000.00 This Release 142,067.00 Retain 66,450.00

Mulberry Heights Section 1 Original Bond $343,743.00 This Release 108,982.00 Retain 234,761.00

Ashbourne Drive Extension Original Bond $99,025.00 This Release 91,625.00 Retain 7,400.00 Triple S Planning Commission September 16, 2003

Best: Are there any comments concerning the bond releases? If not, a motion is in order for the bond releases.

Mr. Rudolph made the motion to approve the bond releases as submitted.

Comprehensive Plan

Rudolph: The plan is to proceed with Mr. Magan and Mr. Butler as we have been doing. Mr. Magan will be doing the maps. Mr. Butler will add to the maps the total acreage for the different zones. When Mr. Butler finishes the draft, we will review it. The draft will be submitted to the legislative bodies for review. It will come back to the Commission for final edit and then there will be a public hearing. The public will be given 30 days to submit any comments and the Commission will then approve the document. I will be meeting with the legislative bodies.

Best: If the City wants to hold a public hearing that is their right.

Rudolph: That will be part of their review process.

Best: The Engineers are not certifying drainage on the roadways. There needs to be a certificate on the plats for the engineers to sign for drainage. We need to amend the Subdivision Regulations to reflect that. We will have a public hearing next month for that process. Is there a motion to amend the Subdivision Regulations?

Mr. Tucker made the motion to amend the Subdivision Regulations.

Mr. Rudolph seconded the motion.

Best: Is there any discussion on the motion? Triple S Planning Commission September 16, 2003

Best: Is there any other business? If not, meeting adjourned.

Meeting adjourned at 8:15 p.m.

Submitted by Betty Hudson

Approved ______

Motion by ______

Second by ______

Secretary-Treasurer ______